Judge Says Louisiana’s Ban on Gay Marriage Is Unconstitutional

A state judge in Lafayette says Louisiana's ban on same-sex marriage is unconstitutional.

Laura Gerdes of the state Attorney General's Office says attorneys have started the appeals process. KATC-TV reports that Judge Edward Rubin ruled from the bench Monday. The TV station reports the judge found that the law violates the Constitution's full faith and credit clause and the 14th Amendment's due process and equal protection clauses.

Lafayette attorney Joshua Guillory said he believes this is the first time a Louisiana state judge has found the law unconstitutional.

His clients, Angela Marie Costanza and Chasity Shanelle Brewer had asked the state to recognize their California marriage certificate.

On Judge Rubin’s ruling in favor of the freedom to marry, Equality Louisiana President Tim S. West said:

“In his ruling today, Judge Edward Rubin affirmed what we’ve known all along at Equality Louisiana—that loving, committed same-sex couples are building strong, healthy families in our state and that their love deserves full recognition under state and federal law."

"Today is a victory for Angela, Chasity and their son Nicholas to be sure, but it is also a victory for thousands of citizens who work hard and contribute to this state everyday, hoping that one day soon they too will be allowed the freedom to marry the person they love."